Trainee’s use of patient image on dating site found to be serious misconduct

Doctors whose behaviour is unlawful, unethical, or that could undermine public confidence and bring the profession into disrepute are likely to face professional consequences, even if some of the behaviour occurs outside the clinical context.

A neurosurgery trainee, Dr A, faced multiple allegations of misconduct.  

Dr A self-notified to the regulator shortly after being arrested over allegations made by his former partner.

As part of the subsequent investigation, Dr A was alleged to have uploaded a patient image to a dating website inappropriately and without patient consent.

The police and regulator’s investigations involved various illegal, violent and other serious conduct that is entirely unacceptable and a violation of laws as well as professional and ethical standards.

The tribunal found Dr A’s conduct brought the profession into disrepute, undermined public confidence in the profession and constituted serious misconduct.

This case summary focuses specifically on the aspect of the decision relating to Dr A’s use of a patient image without consent.

Use of patient images

Dr A created a profile on a dating site, early in his training, describing himself as a ‘brain surgeon’ and included a photograph of him conducting brain surgery. The photograph was taken in a clinical setting and showed the exposed brain of the patient. Dr A admitted he did not have patient consent to take or retain the photograph or to use it in such a way.

While admitting this occurred, in his defence, Dr A noted that patient was not identifiable from the photograph and there was no suggestion they had ever been identified. The incident took place several years ago and before relevant conduct guidelines had been published by the GMC.

The tribunal accepted the breach was less serious than if the patient had been directly identifiable. However, Dr A had been prepared to take the risk that the patient could be identified.

The tribunal acknowledged that GMC guidance on this issue didn’t exist at the time the profile was created but the guidance did include obligations to respect patients’ dignity and privacy. It found that posting a photograph of a patient in such a vulnerable state demonstrated a lack of respect for the patient’s dignity and would be considered deplorable conduct by the public. This conduct was likely to bring the profession into disrepute and amounted to serious misconduct.

The inappropriate use of the patient image was considered together with all of Dr A’s other conduct, almost all instance of which were found to amount to serious misconduct.

While most of the conduct occurred outside the clinical context, the tribunal’s primary consideration was the impact on public confidence in the profession and the need to promote and maintain professional conduct standards. Dr A’s conduct breached core principles of the medical profession - that is honesty, integrity and acting in a way that justifies public confidence in the profession.

The tribunal considered the seriousness of Dr A’s conduct and the significant departures from the professional obligations set out by the GMC. Further, Dr A appeared to lack insight into the gravity of the actions. In many cases he did not accept responsibility and blamed others. He appeared to have taken no steps towards remediation. There remained a significant risk of repetition.

Dr A submitted multiple testimonials in support, all of which described him as a competent doctor, a courteous and respectful person. These and other mitigating factors were weighed against the seriousness of the conduct and found to have little impact on the appropriate serious sanction in this case.

Dr A was found to be unfit to practise and his registration was cancelled.

Always make sure you have the patient’s consent to take a clinical image and for any purposes you plan to use it, including research or education. Make sure their consent is documented in the medical record.

Treat any clinical images as identifiable personal information and subject to privacy obligations, even if you think they have been deidentified.

Do not share images in ways not contemplated in the consent process. Never post or share clinical photographs unless you have the patient’s specific consent.

Your professional obligations as a doctor include behaving ethically and in a way that justifies community trust in the medical profession.

Behaviour that is unlawful, unethical, or that could undermine public confidence and bring the profession into disrepute is likely to have serious professional consequences, even if it occurs outside the clinical context.

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Avant factsheet - Clinical photography: a snapshot of the issues

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